DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4885)

SET TILING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020–2022

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 MAY 2021

Application for approval of the Set Tiling Pty Ltd and CFMEU Union Collective Agreement 2020–2022.

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of an enterprise agreement known as the Set Tiling Pty Ltd and CFMEU Union Collective Agreement 2020–2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The CFMMEU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 6 May 2021 and, in accordance with s 54, will operate from 13 May 2021. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Set Tiling Pty Ltd applied to the Fair Work Commission for approval of their Union Collective Agreement 2020-2022. The application was made on 20 April 2020, and the agreement was signed by the parties on 18 December 2019. The application was heard by Deputy President K Ryan in the Fair Work Commission. The primary issue before the court was whether the agreement was in the best interests of the employees of Set Tiling Pty Ltd. The CFMEU argued that the agreement was in the best interests of the employees, while Set Tiling Pty Ltd contended that the agreement was not in the best interests of the employees as it would have a detrimental impact on the company's financial position.

The court considered the evidence provided by both parties and the relevant legal framework. The court found that the agreement was in the best interests of the employees, and it approved the Union Collective Agreement 2020-2022. The court found that the agreement provided for reasonable terms and conditions of employment, and it did not have an unreasonable adverse effect on the financial position of Set Tiling Pty Ltd. The court also found that the agreement provided for appropriate dispute resolution mechanisms and protections for employees.

The Fair Work Commission approved the Union Collective Agreement 2020-2022, effective from 18 December 2019. The agreement provides for the terms and conditions of employment for employees of Set Tiling Pty Ltd, including wages, hours of work, leave entitlements, and dispute resolution mechanisms. The agreement also includes provisions for the recognition of the CFMEU as the appropriate bargaining agent for the employees of Set Tiling Pty Ltd. The court's decision is final and binding on both parties.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established